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A. The retail sale of safe and sane fireworks on property within the City that is authorized for the sale of safe and sane fireworks shall be lawful so long as said sale is conducted (i) during a designated sales period, , and (ii) in accordance with the limitations and regulations set forth in this section.
B. It shall be unlawful to sell safe and sane fireworks within the City without Permit issued by the Fire Chief. Sales of safe and sane fireworks shall be conducted in conformance with all terms and conditions of the Permit as may be reasonably imposed by the Fire Chief. The Fire Chief may issue up to sixteen (16) Permits per year for the sale of safe and sane fireworks based on a lottery system established by resolution of the City Council. No Permittee shall be authorized to sell safe and sane fireworks at more than one location during a designated sales period.
C. A Permittee shall, if required by law, have a retail sales license issued by the State Fire Marshal, a temporary sales tax permit issued by the State Board of Equalization, and a City business license and shall demonstrate compliance with those permit requirements to the Fire Chief upon request.
D. A Permittee shall provide evidence of valid insurance policies in the form and amount and with coverage types required by the City's Risk Manager, which policies shall name the City, its officers, officials, agents and employees as additional insureds.
E. A Permittee shall submit and obtain the Fire Chief's or his or her designee's approval of a plan indicating the location and hours of operation of a fireworks stand, the number of staff on duty, and such other information as may be required by the Fire Chief or by the State Fireworks Law.
F. No person shall knowingly sell fireworks to any person under 18 years old. No person under 18 years old shall sell or participate in the sale of safe and sane fireworks.
G. No person shall be paid any consideration for selling or otherwise participating in the sale of safe and sane fireworks. This shall not apply to licensed security personnel during sale or non-sale hours or to a party authorizing the location of a fireworks stand on its property.
H. Safe and sane fireworks must remain at the location listed on the Permit unless written approval to relocate them is obtained from the Fire Chief or his or her designee. Unsold Safe and Sane Fireworks may be transported outside of the City in compliance with Department of Transportation regulations for transporting fireworks after 9:00 p.m. on July 4th.
I. A Permittee shall cause its employees, agents and representatives to comply with all of the requirements of the State Fireworks Law in connection with the sale of safe and sane fireworks.
J. At least one or more representatives of a Permittee shall attend a "safe and sane fireworks" stand operator safety seminar supervised by a representative of the Fire Chief and conducted by each licensed wholesale business that is supplying safe and sane fireworks to the Permittee.
K. A Permittee and its respective employees, agents and representatives shall comply with the following standards as to the sale of safe and sane fireworks:
(a) All retail sales of safe and sane fireworks shall be permitted only from within a fireworks stand; retail sales of safe and sane fireworks from any other building or structure are hereby prohibited. Fireworks stands shall comply with and are subject to the State Fireworks Law, the California Fire Code, and the most current edition of the NFPA 1124 Code for the Manufacture, Transportation, Storage, and Retail Sales of Fireworks and Pyrotechnic Articles.
(b) The Fire Chief may establish and amend from time to time such additional rules and regulations for the operation of fireworks stands determined appropriate and necessary for the public safety or as may be required under the State Fireworks Act, the California Fire Code, and/or the most current edition of the NFPA 1124 Code for the Manufacture, Transportation, Storage, and Retail Sales of Fireworks and Pyrotechnic Articles. A copy of any such rules and regulations shall be posted in a prominent place in each fireworks stand.
L. Violation of this section 6.40.035 and/or failure to comply with the terms of the Permit issued to a Permittee or the rules and regulations for the operation of fireworks stands established by the Fire Chief shall be grounds for the immediate revocation of any permit granted under this chapter. (Ord. 6323 § 4, May 5, 2015: Ord. 6407 § 1 (part); April 25, 2017.)